Section 7.54.510. Evidentiary hearing.

	(a)  A foster parent, a prospective adoptive parent or guardian, or an adoptive parent or legal guardian who is not satisfied with the department's decision to deny, suspend, reduce, change, or terminate a foster care payment, an adoption subsidy payment, or a guardianship subsidy payment may request an evidentiary hearing under this section without seeking a first-level review under 7 AAC 54.500 or may request an evidentiary hearing of a decision rendered under 7 AAC 54.500.  
	(b)  A request for an evidentiary hearing under this section must be submitted in writing no later than 30 days after the date of the department's original decision or a decision under a first-level review under 7 AAC 54.500.  
	(c)  A request for an evidentiary hearing under this section must  
		(1) describe the issue or decision being appealed;  
		(2) specify the basis upon which the decision is challenged;  
		(3) include all information and materials that the foster parent, prospective adoptive parent or guardian, or adoptive parent or legal guardian requests the department to consider in resolving the matter, including a copy of the first-level review decision if the foster parent, prospective adoptive parent or guardian, or adoptive parent or legal guardian participated in a first-level review under 7 AAC 54.500; and  
		(4) be submitted to the department at the address set out in the department's  
			(A) original decision, if the requester did not seek a first-level review under 7 AAC 54.500;  
			(B) decision issued under 7 AAC 54.500, if the request is for an evidentiary hearing of a decision rendered under 7 AAC 54.500.  
	(d)  At any time during the hearing, the foster parent, prospective adoptive parent or guardian, or adoptive parent or legal guardian may be represented by an attorney or may be self-represented. A self-represented party may be assisted by a person who is not an attorney as provided in 2 AAC 64.160.  
	(e)  Upon receipt of a timely request under this section, the department will request the chief administrative law judge, appointed under AS 44.64.020, to appoint an administrative law judge employed or retained by the office of administrative hearings to preside over a hearing requested under this section in accordance with AS 44.64.060 and 2 AAC 64.  
	(f)  If a foster parent, a prospective adoptive parent or guardian, or an adoptive parent or legal guardian does not submit a request under this section no later than 30 days after a department decision described in (b) of this section, that decision is the department's final administrative action.  
	(g)  The provisions of this section do not apply to licensing-related actions conducted under AS 47.05,  AS 47.32,  7 AAC 10, or 7 AAC 50.  

Authorities

13.26.062;25.23.210;25.23.230;47.05.010;47.05.050;47.14.010;47.14.100;47.14.120;47.14.130;44.62.125

Notes

Reference

7 AAC 53.060
7 AAC 53.061
7 AAC 53.135
7 AAC 53.222
7 AAC 53.225
7 AAC 53.227
7 AAC 53.245
7 AAC 53.260
7 AAC 54.500

Authority

AS 13.26.062 AS 25.23.210 AS 25.23.230 AS 47.05.010 AS 47.05.050 AS 47.14.010 AS 47.14.100 AS 47.14.120 AS 47.14.130 Editor's note: As of Register 204 (January 2013), and under AS 44.62.125(b)(6), the regulations attorney made technical corrections to 7 AAC 54.510.

History

Eff. 4/13/2011, Register 198

References

7.54.510